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Freedom of expression under threat, HKJA annual report notes

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(HKJA/IFEX) - 3 July 2011 - The period from July 2010 to June 2011 has not been conducive to freedom of expression in Hong Kong. This is the main finding of the Hong Kong Journalists Association's annual report for 2011, entitled "Two Systems Compromised: Free Expression Under Threat in Hong Kong." The report notes that, in regards to the governance of Hong Kong, the one-country element is increasingly prevailing over the two systems approach. This manifests itself most notably in Beijing taking a more aggressive role in its policy towards the Special Administrative Region.

At the same time, the Hong Kong government is becoming more sensitive to Beijing's wishes, insofar as the police have become less tolerant of protesters - in particular those staging rallies outside Beijing's Liaison Office; mainland dissidents have been barred from Hong Kong; and the government has refused to countenance meaningful reform of Radio Television Hong Kong (RTHK).

One of the few good pieces of news to come out in the year under review was the announcement that the government would not enact national security legislation under Basic Law Article 23 during the remainder of the term of the chief executive, Donald Tsang, which ends in June 2012. However, that does not mean that the legislation - which would pose a very serious threat to freedom of expression - would not be enacted by the following chief executive, who will be chosen in March 2012.

In many ways, the HKJA has given up on expecting real change in the way that the current administration, under Donald Tsang, handles press freedom matters - even though the government claims that it protects this fundamental right. We now look to the next chief executive for a more positive approach. In this respect, we call on whoever is elected to take a more positive approach towards freedom of expression issues.

In particular, we call on the new chief executive to resist pressure to enact national security legislation. The HKJA believes that such legislation is unnecessary as there is no pressing need for its enactment and existing laws are already sufficient in prohibiting acts contained in Article 23 of the Basic Law. However, if the government does decide to proceed with such legislation, then the law must contain safeguards that are robust enough to protect freedom of expression and press freedom.

The new chief executive should also enact, as a matter of urgency, freedom of information legislation to ensure access to government information and documents. He or she should also review government policies on the release of information to the media. The government should adopt the principle of maximum disclosure of such information, and should make it a rule to release information on new government policies at full press conferences.

He or she should also review the government's policy and attitude towards dissent, including policing, arrests and harassment of protesters, as well as the admission of dissidents to Hong Kong. And the new chief executive should reverse the government's decision to retain Radio Television Hong Kong as a government department, in favour of separating the broadcaster from the government so it can become truly independent.

More from Hong Kong (China)

The five Hong Kong booksellers who disappeared in late 2015 resurfaced early in the year, confirming that they had been in police custody on the mainland and issuing statements that raised suspicions of coercion.

A recent HKJA survey indicates a slight rise in the Hong Kong Press Freedom Index after two consecutive years of decline. Journalists on the ground believe that the situation has worsened in 2016, compared to the year before. HKJA chairperson Sham Yee-lan explained that the slight increase in the Press Freedom Index was likely to be related to the emergence of online media, which has led to some diversity in the industry.

Chinese authorities' enforced disappearance of critics from Hong Kong and other countries in 2016 garnered headlines globally. Beijing's decision to interfere in a politically charged court case in Hong Kong in November undermined judicial independence and the territory's autonomy. In the ethnic minority regions of Xinjiang and Tibet, Beijing continued its highly repressive rule, curtailing political activity and many peaceful expressions of ethnic and religious identity.

Five Hong Kong residents associated with a local publisher known for producing books that are critical of China’s leaders disappeared in late 2015 and were thought to be in the custody of mainland authorities, raising fears that Beijing had disregarded the territory’s laws and autonomy.

The year under review has been the darkest for press freedom for several decades, with the media coming under relentless assault from several directions. There have been attacks on journalists, sackings and personnel changes affecting critical personalities and the withdrawal of advertising, which places pressure on the editorial integrity of publications.

IFJ's report documents the continued deterioration of press freedoms in Mainland China, as well as Hong Kong and Macau. It takes its title in direct response to Chinese authorities adopting more repressive measures in 2013 reminiscent of the Mao era four decades ago, including direct censorship, Internet surveillance, abuse of legal process, harassment and intimidation, and televised confessions of journalists and bloggers without trial.

IFEX publishes original and member-produced free expression news and reports. Some member content has been edited by IFEX. We invite you to contact [email protected] to request permission to reproduce or republish in whole or in part content from this site.

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